Legal Question in Family Law in Texas

Intentional Underemployment

My ex graduated with his PhD three years ago. He also has a BS in engineering and a Masters in Biology. He has been working as a research assistant since he graduated, claiming income of only 24k. They live off his wife's generous 50k a year, easily. Before he graduated, he was a research assistant as well, all told having 8 years now under his belt as a RA. He is claiming that he cannot find a job, but won't consider jobs outside the area he lives in because his wife doesn't want to move. He claims he looks, but no one wants to hire him. My argument is that he has the opportunity and the experience to obtain a position in the field he is qualified in, any of them, and earn over 70k a year. My lawyer is thinking of introducing a recent published wage book to show how much he should be earning. My attorney hasn't been in this situation before, but this case is such a nightmare that I never want to have to go back to court after this is over.

What do you think is the best approach in this situation. I believe, strongly, that he could easily earn much more. He is not interested in a career in academia, so the RA at the school he is at won't lead to further employment there.

What do you feel is the most effective a


Asked on 4/06/06, 11:21 am

1 Answer from Attorneys

James Grissom Law Office of James P. Grissom

Re: Intentional Underemployment

I'm sorry, but you are seeking legal advice when you are represented by an attorney. It would be unethical of me to respond to your questions. I think there are several cases on "intentional underemployment" which your attorney could reference. Also, there are several excellent articles on the State Bar CLE website that I routinely reference to answer difficult questions. Those articles are published by some of the finest family law attorneys in Texas and I have no problem using their knowledge.

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Answered on 4/06/06, 12:59 pm


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